ECHR: Centre of Societies for Krishna Consciousness in Russia and Frolov v. Russia (no. 37477/11)

The applicants are the Centre of Societies for Krishna Consciousness, a religious organisation under Russian law based in Moscow, and a Russian national Mikhail Aleksandrovich Frolov. The case concerns the applicants’ attempts to challenge hostile descriptions of the Krishna movement and the refusal of permission to hold public religious events promoting the teachings of Vaishnavism. Den Rest des Beitrags lesen »

ECHR: Multiple violations in enforced expulsions from Russia of two foreign missionaries

The case concerned the sudden and enforced expulsion from Russia of two missionaries of the Unification Church, ostensibly for violating residence regulations. Den Rest des Beitrags lesen »

ECHR: Religious wording of oath of office of the President of Ireland

In its decision in the case of Shortall and Others v. Ireland (application no. 50272/18) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerned the religious language contained in the declarations required under the Irish Constitution (Bunreacht na hÉireann) for the office of President of Ireland (Uachtarán na hÉireann) and for members of the Council of State. The applicants complained under Article 9 that the requirement for a religious declaration breached their freedom of conscience and freedom of religion. Den Rest des Beitrags lesen »

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ECHR: Mikeladze and Others v. Georgia (no. 54217/16)

The applicants, Teimuraz Mikeladze, Otar Mikeladze, Malkhaz Beridze and Gocha Beridze are Georgian nationals who belong to the Muslim minority in Georgia. The case concerns the police’s alleged excessive use of force and discriminatory language during the applicants’ arrest and detention. They were arrested on 22 October 2014 at a gathering by the local Muslim community against the conversion of an ancient mosque into a library. They were released the next day. The police alleged that the applicants had resisted their lawful orders, and denied making any derogatory comments, while the applicants brought complaints of ill-treatment against the police officers. The investigation into the applicants’ allegations has not yet produced any conclusive findings. Den Rest des Beitrags lesen »

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ECHR: Tabloid articles about Slovak woman’s deceased son violated her rights

In today’s Chamber judgment in the case of M.L. v. Slovakia (application no. 34159/17) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The case concerned three 2006 newspaper articles about the applicant’s son – a former parish priest – after his passing, and the ensuing court proceedings. The articles had combined certain elements from the criminal case files of the applicant’s son’s convictions with frivolous and unverified statements, in particular around the man’s death and alleged confessions. The Court found in particular that a criminal conviction did not deprive a convicted person of his or her right to be forgotten, and the applicant’s son could not be deprived of the protections of Article 8. The articles in question had been sensationalist and had not made a contribution to the debate around sexual abuse by Catholic clergymen. The domestic courts overall had failed to adequately balance the freedom of expression of the newspapers with the applicant’s right to privacy. Den Rest des Beitrags lesen »

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ECHR: Dismissal of civil action on grounds of Holy See’s jurisdictional immunity did not violate Convention

In today’s Chamber judgment in the case of J.C. and Others v. Belgium (application no. 11625/17) the European Court of Human Rights held, by a majority (six votes to one), that there had been no violation of Article 6 § 1 (right of access to a court) of the European Convention on Human Rights. The case raised the question of the immunity of the Holy See from the jurisdiction of domestic courts. Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , , , . Kommentare deaktiviert für ECHR: Dismissal of civil action on grounds of Holy See’s jurisdictional immunity did not violate Convention

ECHR: Conviction of an imam on the grounds of his Facebook posts was in breach of the Convention

In today’s Chamber judgment in the case of Üçdağ v. Turkey (application no. 23314/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right of access to a tribunal) and a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned Mr Üçdağ’s criminal conviction for disseminating propaganda in favour of a terrorist organisation on account of two posts published on his Facebook account, as well as the rejection of his individual application to the Constitutional Court as being out of time. At the relevant time, Mr Üçdağ was a public official working as an imam at a local mosque. The impugned posts had included two photographs (of individuals in uniform similar to that of PKK members and of a crowd demonstrating in a public street in front of a fire), originally shared by two other Facebook users. Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , . 1 Comment »

ECHR: A.O. Falun Dafa and Others v. the Republic of Moldova (no. 29458/15)

The applicants are A.O. Falun Dafa, A.O. Qigong Falun Gong Moldova, Tatiana Chiriac and Dumitru Roman. The first two are organisations registered in the Republic of Moldova. The last two are Moldovan and Romanian nationals who were born in 1970 and 1965 respectively and live in Chișinău. They are the presidents and founders of the first two applicant organisations. The case concerns the banning of the applicant organisations’ symbols, which resemble a swastika, followed by their dissolution. The applicants rely on Articles 9 (freedom of thought, conscience and religion) and 11 (freedom of assembly and association) of the European Convention. Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , , . Kommentare deaktiviert für ECHR: A.O. Falun Dafa and Others v. the Republic of Moldova (no. 29458/15)

ECHR: Refusal to grant State recognition not a neutral and impartial decision, no effective remedy for Ancient Baltic religious association

In today’s Chamber judgment in the case of Ancient Baltic religious association “Romuva” v. Lithuania (application no. 48329/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights, and a violation of Article 13 (right to an effective remedy). The case concerned the refusal by the Seimas (the Lithuanian Parliament) to grant to the applicant association the status of a State-recognised religious association. Den Rest des Beitrags lesen »

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ECHR: Violation of the right to freedom of religion of a prisoner who did not receive meals compatible with the precepts of Islam in Iaşi Prison

In today’s Chamber judgment in the case of Saran v. Romania (application no. 65993/16) the European Court of Human Rights held, unanimously, that there had been a violation of Article 9 (right to freedom of thought, conscience and religion) of the European Convention on Human Rights. The case concerned the provision to a prisoner of meals compatible with the precepts of Islam. Den Rest des Beitrags lesen »

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EGMR: Requiring a prisoner to prove a change of religion in order to be allowed to practise that religion in prison breached the Convention

In today’s Chamber judgment in the case of Neagu v. Romania (application no. 21969/15) the European Court of Human Rights held, by a majority, that there had been a violation of Article 9 (right to freedom of thought, conscience and religion) of the European Convention on Human Rights. The case concerned a prisoner who had converted to Islam while in detention. He complained of the refusal of the Romanian authorities to provide him with pork-free meals, in accordance with the precepts of his religion, unless he furnished proof that he was an adherent of that religion. Den Rest des Beitrags lesen »

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EGMR: The Religious Denomination of Jehovah’s Witnesses in Bulgaria v. Bulgaria (no. 5301/11)

The case concerned a complaint by a Bulgarian organisation, The Religious Denomination of Jehovah’s Witnesses in Bulgaria, that the authorities had prevented it from constructing a house of worship on land it owns. Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , . Kommentare deaktiviert für EGMR: The Religious Denomination of Jehovah’s Witnesses in Bulgaria v. Bulgaria (no. 5301/11)

EGMR: Korostelev v. Russia (no. 29290/10)

The applicant, Anton Korostelev, is a Russian national who was born in 1987 and is detained in penal colony IK-18 in the settlement of Kharp (Yamalo-Nenetskiy Region, Russia). The case concerned his complaint about a violation of his religious rights after he had been reprimanded for praying during the prison’s obligatory night-time sleeping period. Den Rest des Beitrags lesen »

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EGMR: Procedure for obtaining conscientious objector status in Russia complies with the European Convention

In today’s Chamber judgment in the case of Dyagilev v. Russia (application no. 49972/16) the European Court of Human Rights held, by four votes to three, that there had been no violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. The case concerned the procedure in Russia for examining requests to replace compulsory military service with its civilian alternative. Den Rest des Beitrags lesen »

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EGMR: Notary suspended for transfer of State property to a monastery: no violation of Convention

In today’s Chamber judgment in the case of Peleki v. Greece (application no. 69291/12) the European Court of Human Rights held, unanimously, that there had been no violation of Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights. The case concerned disciplinary proceedings against the applicant, a notary by profession, after she was instrumental in the conveyance of State property to a monastery. Den Rest des Beitrags lesen »

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EGMR: A.S.N. and Others v. the Netherlands (nos. 68377/17 and 530/18)

The applicants in application no. 68377/17 are Mr A.S.N. and Mrs T.K.M., while the applicants in application no. 530/18 are Mr S.S.G., Mrs M.K.G., and Mrs D.K.G. The applicants are Afghan nationals who were born in 1977, 1982, 1974, 1982, and 1947 respectively and live in the Netherlands in Capelle aan den IJssel (A.S.N. and T.K.M.) and Emmen (S.S.G., M.K.G. and D.K.G.). All the applicants are Sikhs who used to live in Afghanistan. The case concerned their complaint that they would face ill-treatment if removed back to that country. Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , , . Kommentare deaktiviert für EGMR: A.S.N. and Others v. the Netherlands (nos. 68377/17 and 530/18)

EGMR: Norwegian decisions to allow adoption of children against their mother’s wishes violated the Convention

In today’s Chamber judgments in the cases of A.S. v. Norway (application no. 60371/15) and Abdi Ibrahim v. Norway (application no. 15379/16), the European Court of Human Rights held, unanimously, that there had been in both cases a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The cases concerned decisions by the Norwegian authorities and courts to take the applicants’ children into care at a very young age and then allow them to be adopted by their foster families, against the applicants’ wishes. Both applicants were refused any contact rights with their children. Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , , , , , . Kommentare deaktiviert für EGMR: Norwegian decisions to allow adoption of children against their mother’s wishes violated the Convention

EGMR: Forthcoming judgment on Tuesday 17 December 2019 – Abdi Ibrahim v. Norway (no. 15379/16)

The applicant, Mariya Abdi Ibrahim, is a Somali national who was born in 1993. She lives in Norway. The applicant had a son in November 2009 in Kenya and travelled to Norway in February 2010, where she was granted a temporary residence permit with refugee status. In September 2010 a parent-child institution notified the child welfare services that it was concerned that the child risked harm in the applicant’s care. He was placed in emergency foster care and in December 2010 the Country Social Welfare Board issued a care order. He was subsequently placed with a Christian family, while the applicant had argued that he go to either her cousins or to a Somali or Muslim family. Den Rest des Beitrags lesen »

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EGMR: Conviction of author and editor for article’s remarks on Islam was excessive, breached their freedom of expression

In today’s Chamber judgment in the case of Tagiyev and Huseynov v. Azerbaijan (application no. 13274/08) the European Court of Human Rights held, unanimously, that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned the applicants’ conviction for inciting religious hatred and hostility with their remarks on Islam in an article they had published in 2006. Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , , , . Kommentare deaktiviert für EGMR: Conviction of author and editor for article’s remarks on Islam was excessive, breached their freedom of expression

EGMR: Forthcoming judgment in Thursday 5 December 2019 – Tagiyev and Huseynov v. Azerbaijan (no. 13274/08)

The applicants, Rafig Nazir oglu Tagiyev and Samir Sadagat oglu Huseynov, are Azerbaijani nationals who were born in 1950 and 1975 respectively. Mr Tagiyev, now deceased, lived in Baku and was a well-known writer and columnist. Mr Huseynov lives in Lankaran (Azerbaijan) and used to work as editor-in-chief of Sanat Gazeti (Art Newspaper). The case concerns the applicants’ conviction for the publication of an article in November 2006 in Sanat Gazeti as part of a series written by Mr Tagiyev comparing Western and Eastern values. The article, entitled “Europe and us”, led to criticism by various Azerbaijani and Iranian religious figures and groups and to a religious fatwa calling for the applicants’ death. Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , , , . Kommentare deaktiviert für EGMR: Forthcoming judgment in Thursday 5 December 2019 – Tagiyev and Huseynov v. Azerbaijan (no. 13274/08)

EGMR: Finnish decision to deport an Iraqi man who was killed when he arrived back in his country of origin violated the Convention

In today’s Chamber judgment in the case of N.A. v. Finland (application no. 25244/18) the European Court of Human Rights held, unanimously, that there had been a violation of Article 2 (right to life) and Article 3 (prohibition of torture and inhuman and degrading treatment) of the European Convention on Human Rights owing to decisions to deport the applicant’s father to his country of origin, Iraq, where he was subsequently killed. The Court found in particular that the Finnish authorities had not carried out a thorough enough assessment of the individual risks faced by the applicant’s father in Iraq although they had accepted his account of having faced two near deadly attacks in a context of tensions between Shia and Sunni Muslim groups, the father belonging to the latter. Den Rest des Beitrags lesen »

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EGMR: Forthcoming judgment on Thursday 14 November 2019 – N.A. v. Finland (no. 25244/18)

The applicant, Ms N.A., is an Iraqi national who was born in 1996 and lives in Finland. The case concerns her father’s expulsion to Iraq, where he was subsequently killed. The applicant’s father was a Sunni Muslim Arab from Baghdad. He served as a major in the army under former Iraqi leader Saddam Hussein and then for an American logistics company after the fall of that regime. Between 2007 and 2015 he worked in the Iraqi Office of the Inspector General, part of the Interior Ministry, where he was an investigator and then a leading officer on human rights crimes and corruption cases. He often had to investigate intelligence service officers or officers in militia groups. His work became more dangerous when Shia militia gained prominence. Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , , , . Kommentare deaktiviert für EGMR: Forthcoming judgment on Thursday 14 November 2019 – N.A. v. Finland (no. 25244/18)

EGMR: Switzerland would breach the Convention by returning to Afghanistan an Afghan convert to Christianity

In today’s Chamber judgment in the case of A.A. v. Switzerland (application no. 32218/17) the European Court of Human Rights held, unanimously, that there would be a violation of Article 3 of the European Convention on Human Rights in the event of the applicant’s return to Afghanistan. The case concerned the removal from Switzerland to Afghanistan of an Afghan national of Hazara ethnicity who was a Muslim convert to Christianity. Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , , , . Kommentare deaktiviert für EGMR: Switzerland would breach the Convention by returning to Afghanistan an Afghan convert to Christianity

EGMR: Greek system for exempting schoolchildren from religious education classes breaches the European Convention

The case Papageorgiou and Others v. Greece (application nos. 4762/18 and 6140/18) concerned compulsory religious education in Greek schools. In today’s Chamber judgment the European Court of Human Rights held, unanimously, that there had been: a violation of Article 2 of Protocol No. 1 (right to education) to the European Convention on Human Rights, interpreted in the light of Article 9 (freedom of thought, conscience, and religion). Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , , , . Kommentare deaktiviert für EGMR: Greek system for exempting schoolchildren from religious education classes breaches the European Convention

EGMR: Forthcoming judgment on Tuesday 5 November 2019 – A.A. v. Switzerland (no. 32218/17)

The case concerns the removal from Switzerland of A.A., an Afghan national of Hazara ethnicity, said to be born in 1996. In March 2014 A.A. arrived in Switzerland. He applied for asylum and stated that he had left Afghanistan because of the unsafe situation in that country and his conversion from Islam to Christianity. Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , , , . Kommentare deaktiviert für EGMR: Forthcoming judgment on Tuesday 5 November 2019 – A.A. v. Switzerland (no. 32218/17)